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He was placed under surveillance in August 2011 after officers learnt he was about to pick up a gun from an associate, in Leyton, east London.

After Mr Duggan had collected the weapon, the minicab in which he was travelling was stopped by armed police during the evening rush-hour.

The father-of-four then ran out of the Toyota minicab and, according to the jury, dropped the firearm onto the grass. He was shot twice by V53. One bullet hit the gangster in his right bicep and the other hit him in the chest.

Led by Mr Duggan's mother Pamela (pictured with his step brother Shaun Hall), the family are challenging a decision by three High Court judges that an inquest jury was legally entitled to bring in its 8-2 majority verdict

Lord Justice Sales said there was 'an arguable case' the jury was applying the wrong test when it decided the marksman held an 'honest belief' Mr Duggan (right) was armed. Pictured left: Mrs Duggan in 2013

Mr Duggan's death triggered four days of rioting and looting across England, leading to five deaths and £200million of damage. More than 1,400 were later jailed over the riots.

The inquest jury came to its verdict on the basis that the officer had an 'honest belief' that Mr Duggan was holding a gun and posed a threat.

London's High Court previously dismissed Mrs Duggan's application for judicial review. It rejected Mrs Duggan's claim that coroner misdirected the jury on the legal test when deciding whether the officer was justified in opening fire in the mistaken belief that Mr Duggan was armed.

But today Lord Justice Sales said it was arguable that the inquest jury should not have been directed to apply the 'purely subjective' criminal law test of 'honest belief' for self- defence.

Hugh Southey QC, appearing for Mrs Duggan, had argued the jury should have been asked to apply the objective test of 'whether V53's mistaken belief was a reasonable one'.

Mr Duggan was killed on Ferry Lane, Tottenham, north London, after the minicab in which he was travelling was stopped. He was shot twice, one of which was fatal

The QC also submitted the coroner's misdirection was contrary to the duty under Article 2 of the European Convention on Human Rights to carry out an effective investigation into Mr Duggan's death.

The court heard the outcome of the appeal could be decisively influenced by the case of Da Silva v the UK, the case concerning the fatal shooting of Brazilian national Jean Charles de Menezes by police in the London Underground after being mistaken for a terrorist.

The case is pending before the European Court of Human Rights in Strasbourg.

Mrs Duggan has said she remains 'deeply distressed' about her son's death and the inquest verdict.

His aunt Carole, 53, from central Manchester, said the family feel 'extremely let down and disappointed' and that they are being blamed for the 'uprising' of the 2011 riots which followed the shooting.